Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1887-06-08
THE WIDOW FORD WINS.
The Supreme Court Puts an End to the
Noted Will Case.

Noted Will Case.
MADISON, Wis, June lin the COM
plicated Ford will case the supreme
court to-day decreed generally that F. F.
Ford, the testator, had right to direct
and had directed that all personal prop
erty and lands in the states of Michigan,
Kansas, Iowa and Missouri, be sold, and
the proceeds be invested in real estate
in Kansas City, and that all trusts as to
that property will be governed by the
laws of Missouri. The opinion leaves
the validity Of the devisees to be decided
in the courts of the states in which the
property lies. AS far as the will oper-
ates in Wisconsin, the court holds that
it creates an expressed trust void under
our statutes. The decision is generally
favorable to the widow.
The Rev. F. f. Ford, retired preach
er, died in Kansas City about two years
ago, leaving an estate of over $500, 900.
Ford's home was in Madison, but per-
sonally he resided in Kansas City the
greater portion of the time, where he ac-
| cumulated the bulk of his possessions by
| simple investment in real estate. He
| lett widow and son, Marcus by name,
| years old. Ford was a peculiar man,
and was not able to live happily with his
wife, but a genuine sensation was Great
ed when his will was offered for probate
several weeks after his death, when it
was ascertained that he had cut her off
with $4,000 per annum and the use Of
| the homestead in this city. Briefly
| told the deceased bequeathed to
the widow the income from one
fourth Of his estate, not to exceed
50, 500 per year nor to fall below 81, 500
per year, and also the use of the home
stead in this city. The income from
one-fourth of the estate was bestowed
| upon the son Marcus; that of another
fourth upon Dr. E. I. Ford, of Asbury
Park. n. j., and the income from one
| eighth of the estate upon j. e. Ford, OF
| Madison, and H. T. Ford. Of New York.
each. These three were brothers of the
testator. Marcus, the son, was to be
educated and supported out Of the es-
tate, and at the age of q years was to
receive 1000 Of the principal; at the
age of 25 the sum of 900 additional,
and at the age of SO $4,000 additional
and at the age of 40 the remainder of
the estate. If he dies without issue then
the whole of the estate is to eventually
go to Hamilton College, New York, to
be used in establishing a professorship
or erecting a memorial building to
bear the name of Ford. When
the will was offered for pro-
bate, S. U. Pinney appeared to
represent the son, Marcus; Breese j..
Stevens, the widow; [. G.. Sloan and
John NJ. DIN, the brothers, who were
the proponents to the will, and Greg
DRY q Gregory, Hamilton College.
Both Mrs Ford and her son opposed
the probate of the will, the former as
she desired to obtain larger share of
the estate and the latter out of regard
| for iuStice to his mother and g. desire
not to have his own share tied up so
closely. The legal ground for opposi-
ton was that the will proposed TO create
perpetuities, and further that III. t.
Ford, who was named as an executor,
was disqualified from acting because of
his material interest in will in litiga-
cation. Another ground was that the
will was not properly executed, insofar
as various schedules Of property which
it embraces were not signed by
the testator The controversy over
the matter was in progress a
whole day, and the result was that
Judge Carpenter, of the probate court,
admitted the will to probate, but de-
clined to permit III. T. Ford to act as an
executor The other executor named in
the will is J. G. Ford, of Madison, and he
was allowed to act, though required to
proper execution of his trust. The
widow was made the guardian of her
son, and Judge Carpenter appointed w.
A. Carson, of Madison, guardian ad
| Item for him. The case was taken be-
| fore the supreme court and was argued
| two months ago, the point in question
| being the division Of the property and
| the directions for the application Of the
| funds.